The Provisions of Xiamen Municipality on Implementing the Regulations on Work-related Injury Insurance, which was adopted at the 66th executive meeting of the Municipal People's Government on December 16th, is hereby promulgated and shall come into force as of July 1st.

full text of the detailed rules for the implementation of the industrial injury insurance regulations in Xiamen, Fujian

Chapter I General Provisions

Article 1 In order to implement the Industrial Injury Insurance Regulations of the State Council (hereinafter referred to as the Regulations), these Provisions are formulated in light of the actual situation of this Municipality.

article 2 enterprises, institutions, social organizations, private non-enterprise units, foundations, law firms, accounting firms and other organizations within the administrative area of this municipality and individual industrial and commercial households with employees (hereinafter referred to as employers) shall participate in work-related injury insurance in accordance with the regulations and these provisions, and pay work-related injury insurance premiums for all employees or employees (hereinafter referred to as employees).

state organs should pay work-related injury insurance premiums for employees who have established labor relations with them according to law.

The central and provincial institutions in Xiamen can pay work-related injury insurance premiums for all employees of the unit in accordance with the Regulations and these Provisions.

Article 3 The municipal and district social insurance administrative departments (hereinafter referred to as social insurance administrative departments) shall be responsible for work-related injury insurance within their respective administrative areas.

the social insurance agency established by the administrative department of social insurance according to the regulations (hereinafter referred to as the agency) specifically undertakes work-related injury insurance affairs in accordance with these regulations.

article 4 local tax authorities are responsible for accepting the declaration and registration of work-related injury insurance and the collection and payment of work-related injury insurance premiums.

the financial and auditing departments shall supervise the income and expenditure and management of the industrial injury insurance fund according to law.

Health, construction, transportation, safety production supervision and other departments should do a good job in work-related injury insurance according to their respective responsibilities.

Chapter II Industrial Injury Insurance Fund

Article 5 An employer shall, within 3 days from the date of its establishment according to law, register with the local tax authorities for industrial injury insurance according to regulations. If the employer changes or terminates the registered items of work-related injury insurance according to law, it shall handle the change or cancellation of registration with the local tax authorities within 3 days from the date of change or termination according to law.

when the employer goes through the insurance registration formalities with the local tax authorities, it shall truthfully submit the total wages, individual wages and roster of employees of the employer in the previous year, and timely submit the increase or decrease of individual wages and roster of employees. The employee work-related injury insurance relationship specified in the employee roster submitted by the employer shall take effect from the day after the declaration.

the local tax authorities shall provide the agency with the registration and declaration of the employer's industrial injury insurance in a timely manner. According to the employer's declaration, the agency shall determine and record the employee's personal salary according to the second paragraph of Article 64 of the Regulations.

article 6 the employer shall pay the work-related injury insurance premium in full and on time.

Construction enterprises in construction projects such as architecture and transportation shall pay work-related injury insurance premiums according to a certain proportion of the total project cost, taking the construction project under construction as the unit. The specific measures for participating in work-related injury insurance shall be separately formulated by the municipal social insurance administrative department jointly with the relevant administrative departments.

article 7 industrial injury insurance shall be subject to industry-specific rates according to the different levels of industrial risks and the provisions of the state. According to the employer's income and expenditure of work-related injury insurance premiums in the last two years, the incidence of work-related accidents, the degree of occupational hazards and other factors, the agency shall implement a floating rate for the employer's payment rate. The specific standard of industry differential rate and the specific scheme of floating rate shall be formulated by the municipal social insurance administrative department jointly with the departments of finance, health and safety production supervision, and shall be promulgated and implemented after being reported to the Municipal People's government for approval.

article 8 the industrial injury insurance fund shall be co-ordinated by the whole city according to the regulations.

article 9 the municipal labor ability appraisal Committee shall prepare an annual expenditure plan for labor ability appraisal funds, which shall be included in the budget of the industrial injury insurance fund and implemented after being approved according to the procedures for approving the budget of the social insurance fund.

The funds for labor ability appraisal are used for the following expenses:

Subsidies for special clinical examination fees for work ability appraisal of injured workers;

the special allowance for hiring appraisal experts;

fees for expert argumentation and other technical consultation of appraisal standards;

policy training fees for appraisal experts;

other expenses stipulated by laws and regulations.

article 1 the annual budget plan for work-related injury accident prevention shall be compiled by the municipal social insurance administrative department in conjunction with the municipal safety production supervision department, incorporated into the work-related injury insurance fund budget, and implemented after being approved according to the social insurance fund budget approval procedures.

Expenses for prevention of industrial accidents include:

Expenses for publicity and education on prevention of industrial accidents for employees;

expenses for accident prevention and training of enterprise safety production management personnel;

compilation cost of publicity materials atlas for industrial accident prevention;

expenses for carrying out research on industrial accident prevention policies.

chapter iii identification of work-related injuries

article 11 the municipal social insurance administrative department is responsible for the identification of work-related injuries in the whole city.

Entrusted by the municipal social insurance administrative department, the district social insurance administrative department is specifically responsible for the work-related injury identification of the following employers:

Employers who handle work-related injury insurance business in district agencies;

the employer who fails to go through the formalities of industrial injury insurance in accordance with these regulations and is registered and put on record by the relevant departments at the district level;

the district belongs to institutions, social organizations and other organizations.

Article 12 The social insurance administrative department will not accept the application for ascertainment of work-related injuries under any of the following circumstances:

The application has been filed more than one year since the date of accident injury or the date of diagnosis and identification as an occupational disease;

there is no labor relationship or employment relationship with the employer;

the employer is not registered and put on record in this city, and has not participated in work-related injury insurance in this city;

under the circumstances stipulated in article 66 of the regulations.

in case of non-acceptance, the administrative department of social insurance shall make a Decision on Non-acceptance and serve it on the applicant.

article 13 if the social insurance administrative department needs to make a decision on work-related injury identification based on the conclusion of the judicial organ, arbitration institution or relevant administrative department, the time limit for making a decision on work-related injury identification shall be suspended while the judicial organ, arbitration institution or relevant administrative department has not made a conclusion, and the applicant shall be notified in writing.

Chapter IV Appraisal of Labor Ability

Article 14 The period of work stoppage with pay for injured workers shall generally not exceed 12 months. The time of rehabilitation treatment for workers with work-related injuries is included in the period of shutdown with pay for workers with work-related injuries. If there is a dispute between the employer and the injured worker due to the shutdown with pay, they may apply to the Municipal Labor Ability Appraisal Committee for confirmation of the shutdown with pay.

if the period of suspension with pay needs to be extended due to medical treatment (including rehabilitation treatment) and other reasons, the employer or the injured employee shall apply to the Municipal Labor Ability Appraisal Committee for confirmation 3 days in advance, but the extension shall not exceed 12 months.

if it is necessary to continue the treatment after the expiration of the shutdown with pay, it shall be confirmed by the municipal labor ability appraisal Committee.

Article 15 If an injured worker thinks that he needs rehabilitation treatment or an agreed medical institution suggests rehabilitation treatment, the injured worker or the employing unit shall apply to the Municipal Labor Ability Appraisal Committee for rehabilitation treatment confirmation; When assessing the disability level of injured workers, the Municipal Labor Ability Appraisal Committee confirms that rehabilitation is needed, and it can also be directly transferred to rehabilitation institutions for rehabilitation.

the municipal labor ability appraisal Committee shall formulate standards for medical rehabilitation and vocational rehabilitation, so as to provide a basis for rehabilitation evaluation.

the rehabilitation institution shall formulate a rehabilitation treatment plan for workers with work-related injuries and report it to the agency for approval.

Article 16 The labor ability appraisal fee for employees who have participated in work-related injury insurance according to law shall be borne by the work-related injury insurance fund; Failing to participate in work-related injury insurance according to law, the appraisal expenses of the workers with work-related injuries shall be borne by the employer.

if the employer or the injured employee applies for re-appraisal and re-appraisal, and the appraisal conclusion changes, the required labor ability appraisal fee shall be implemented according to the provisions of the preceding paragraph; If the original appraisal conclusion is maintained, the appraisal fee shall be borne by the applicant.

Chapter V Treatment of Work-related Injury Insurance

Article 17 The food allowance for hospitalized workers with work-related injuries and the transportation and accommodation expenses required for medical treatment abroad shall be paid by the work-related injury insurance fund.

if the injured worker needs nursing during the period of shutdown with pay, the number of nurses and the nursing period shall be determined by the medical institution; If the employer and the injured worker are controversial about it, it shall be confirmed by the Municipal Labor Ability Appraisal Committee. The nursing fee is paid directly by the unit to the injured worker, except that the unit sends staff to nurse.

the specific standards of relevant expenses stipulated in the preceding two paragraphs shall be formulated by the municipal social insurance administrative department.

article 18. if an injured worker who is identified as having a disability level of one to four meets the requirements for receiving a basic pension and retirement pension, he shall go through retirement and resignation procedures, stop paying disability allowance and enjoy basic old-age insurance benefits and retirement benefits. If the basic old-age insurance benefits and retirement benefits are lower than the disability allowance, the industrial injury insurance fund will make up the difference; Those who do not meet the conditions for receiving basic pension and retirement pension shall be paid disability allowance by the industrial injury insurance fund in accordance with the prescribed standards.

Article 19 If the employees who retired or resigned in this city before the implementation of the Regulations on January 1, 24 suffer from the aggravation of occupational diseases, and have reached the level of life care after being appraised by the Municipal Labor Ability Appraisal Committee, from the next month of appraisal, according to Article 34 of the Regulations and these Provisions, the industrial injury insurance fund will pay the life care fee monthly according to the corresponding level of life care; The medical expenses for the treatment of occupational diseases that meet the requirements shall be paid by the industrial injury insurance fund.

Chapter VI Supervision and Management

Article 2 If an employee of an employing unit who is required to participate in work-related injury insurance according to the Regulations but fails to participate in the work-related injury, the fund for work-related injury insurance and the employing unit shall pay the new expenses according to the Regulations after the employing unit has insured and paid the work-related injury insurance premium and overdue fine. The specific measures for the confirmation of the qualifications for payment and treatment shall be formulated separately by the municipal social insurance administrative department in conjunction with the financial department and the local tax authorities.

if the employer underreported the total wages and individual wages of employees, which led to the reduction of the benefits of industrial injury insurance for employees, the employer would make up the difference. After the employer pays the work-related injury insurance premium and late payment fee, it will receive treatment from the work-related injury insurance fund in accordance with the relevant provisions of this Municipality on the payment of work-related injury insurance premium from the next month.

article 21 injured workers who regularly receive disability allowance or dependent relatives who receive dependent relatives' pension shall confirm the conditions of treatment and enjoyment every year according to the provisions of the municipal agency before they can continue to receive disability allowance or pension.

Chapter VII Supplementary Provisions

Article 22 If an employee has been working for less than 12 months when he is injured by an accident or suffers from an occupational disease, his salary shall be calculated according to the average monthly payment salary of the actual number of months he has participated in the work; If he has not worked for one month, his salary shall be calculated according to the monthly salary agreed in his labor contract. If the salary has not been agreed or cannot be determined, it shall be calculated according to the average salary of employees in the whole city in the previous year.

article 23 these provisions shall apply to employees who suffered from accidents and were confirmed as occupational diseases after January 1, 1995, and still retain labor relations with the employer.

article 24 civil servants and staff of institutions and social organizations managed by reference to the civil service law who suffer from accidents or occupational diseases due to their work shall enjoy relevant treatment in accordance with relevant regulations.

article 25 these provisions shall come into force as of July 1, 24, and the provisions on the implementation of the industrial injury insurance regulations in Xiamen promulgated by decree No.113th of Xiamen municipal people's government on November 3, 24 shall be abolished at the same time.